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The second question didn’t refer to the PCT joint applicants method by name, but basically asked whether or not the specific corresponding circumstances may give rise to a sound claim to precedence in Europe. Furthermore, while the query of the validity of the Patent Cooperation Treaty (PCT) joint applicants strategy was left open, such conditions had been held to benefit from an implied agreement absent substantial indications on the contrary that should result in the identical outcome in most cases. If you have any questions concerning the relevance of G 1/22 and G 2/22 to your European patent functions, please get in contact with us at The rebuttable presumption also applies in situations the place the European patent application derives from a PCT utility and/or the place the priority applicant(s) aren’t identical with the next applicant(s). The European Patent Workplace is competent to assess whether a party is entitled to say precedence under Article 87(1)EPC. As anticipated from the events on the day of the hearing (you can read our listening to report here), the Enlarged Board of Appeal have decided that the EPO is competent to evaluate whether a celebration is entitled to say priority.

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Nonetheless, this might be welcome information to patentees because the existence of a rebuttable presumption could make it easier to depend on precedence claims, even where the applicant for the European patent utility just isn’t the same because the applicant for the precedence application. This determination might make it tougher for opponents to challenge priority claims in opposition proceedings before the EPO. Furthermore, the Enlarged Board of Attraction have confirmed that, the place a PCT is filed by two parties, claiming precedence from an utility filed by only considered one of these two parties, the joint filing of the PCT utility implies an agreement between the parties to depend on the priority, even where totally different applicants are designated for different states. The EPO have revealed the eagerly anticipated G1/22 and G2/22 choice of the Enlarged Board of Attraction, offering guidance on the evaluation of precedence claims at the EPO.

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